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WASKO v. FRANKEL

No. 13140-PR.

116 Ariz. 288 (1977)

569 P.2d 230

Robert E. WASKO and Mary Agnes Wasko, husband and wife, Appellants, v. Mark E. FRANKEL, Appellee.

Supreme Court of Arizona, In Banc.

September 13, 1977.

Attorney(s) appearing for the Case

Rees, Mercaldo & Smith by Ronald D. Mercaldo, Tucson, for appellants.

Fish, Briney, Duffield & Miller by Richard C. Briney, Tucson, for appellee.

STRUCKMEYER, Vice Chief Justice.

Mary Agnes Wasko and her husband, Robert E. Wasko, brought this action in the Superior Court against Mark E. Frankel, M.D., to recover for negligence in performing disc surgery upon Mrs. Wasko. The jury returned a judgment in favor of Frankel. The Court of Appeals, Division Two, affirmed the judgment in a memorandum decision, filed February 8, 1977. We granted review. Decision of the Court of Appeals vacated and judgment of the Superior...

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